BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
AB 2674 (Block)
As Introduced
Hearing Date: June 10, 2010
Fiscal: No
Urgency: No
KB:jd
SUBJECT
Family Law: Exemplary Damages
DESCRIPTION
This bill would provide that, when a spouse is convicted of
soliciting the murder of another spouse, the injured spouse
shall be entitled to an award of 100 percent of the community
property interest in the retirement and pension benefits, and a
prohibition of any awards for spousal support or medical, life,
or other insurance benefits or payments from the injured spouse
to the convicted spouse.
BACKGROUND
Under current law, when a spouse is convicted of attempting to
murder the other spouse, the injured spouse is entitled to 100
percent of the community property interest in the retirement and
pension benefits, and a prohibition of any awards for spousal
support or medical, life, or other insurance benefits or
payments from the injured spouse to the convicted spouse.
However, current law is silent as to whether these remedies
apply when a spouse is convicted of soliciting the murder of the
other spouse. This bill seeks to address this apparent gap in
current law, which was brought to the author's attention by a
constituent.
In background materials provided to the committee, the
constituent (a police detective) notes that his former wife
repeatedly solicited his murder following her unfortunate
descent into drug addiction. She was subsequently convicted of
solicitation to commit murder, and sent to prison. In the
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divorce proceedings that followed, the family court found that,
because the detective's spouse did not personally attempt his
murder, but instead solicited his murder, the spouse was
entitled to one-half the community property of the marriage,
including the detective's retirement benefits and insurance
benefits from life insurance policies.
The court found this despite the Legislature's enactment of
pertinent family law legislation over 15 years ago, in the form
of AB 16 (Rainey, Chapter 364, Statutes of 1995), which
prohibited a spouse convicted of attempting to murder the other
spouse him or herself from benefiting in any way from his or her
prior act. This measure will provide that the provisions in
current law intending to prohibit a spouse convicted of
attempted murder of the other spouse from benefiting from that
act also apply in instances where a spouse solicits the murder
of another spouse.
CHANGES TO EXISTING LAW
Existing law provides that, in addition to any other remedy
authorized by law, when a spouse is convicted of attempting to
murder the other spouse, as specified, the injured spouse shall
be entitled to 100 percent of the community property interest in
his or her retirement and pension benefits, and a prohibition of
specified support or insurance benefits from the injured spouse
to the other spouse. Existing law defines injured spouse as the
spouse who has been the subject of the attempted murder for
which the other spouse was convicted, whether or not actual
physical injury occurred. Existing law also authorizes a court
to award attorney's fees and costs in the form of a sanction in
these cases. (Fam. Code Secs. 782.5, 4324.)
This bill would expand these provisions to also apply when a
spouse is convicted of soliciting the murder of the other
spouse.
COMMENT
1. Stated need for the bill
The author states:
When a husband or wife is convicted of solicitation for murder
of their spouse, current law does not prohibit the convicted
spouse of attempting to reap financial benefits, such as
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community property in retirement and pension benefits, from
their injured spouse.
AB 2674 protects the victim by eliminating access the
convicted partner may have to victim's benefits and property
rights and ceases all financial support or insurance coverage
the convicted spouse was receiving.
2. Bill would correct apparent gap in current law
AB 16 (Rainey, Chapter 364, Statutes of 1995) established
specified remedies in existing law for when a spouse is
convicted of attempting to murder another spouse. In these
circumstances, the injured spouse is entitled to 100 percent of
the community property interest in his or her retirement and
pension benefits.
According to committee analyses of AB 16, the author was
attempting to provide a mechanism whereby a spouse who was the
victim of an attempted murder by the other spouse, would not be
subjected to the emotional and financial trauma of having to
make payments on spousal support, medical or life insurance
benefits, or retirement benefits to the convicted spouse. The
fact patterns outlined in the legislative history indicate that
AB 16 was also intended to apply to the solicitation of murder.
For example, committee analyses recount an incident where a
Hayward man's wife entered into a conspiracy with two other
persons to attempt his murder. The Hayward man apparently
stopped to assist a person who he thought was a stranded
motorist, and was shot three to four times, twice in the head.
He managed to save his life by driving to the San Leandro police
station before fainting.
The wife was convicted and imprisoned for eight years for the
attempted murder. In the subsequent dissolution proceeding, the
wife nevertheless received her one-half share of the community
property. The fact pattern that is the impetus for AB 2674
bears striking similarities to those that gave rise to AB 16.
Public policy is arguably best served by ensuring that
individuals who are convicted of soliciting their spouse's
murder are treated the same with respect to the apportionment of
community property and benefits as those who are convicted of
attempting to commit the murder themselves.
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Support : None Known
Opposition : None Known
HISTORY
Source : Author
Related Pending Legislation : None Known
Prior Legislation : See Background.
Prior Vote :
Assembly Judiciary Committee (Ayes 9, Noes 0)
Assembly Floor (Ayes 71, Noes 0)
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